The claim that using chatbots like therapists has a positive social effect is dubious. Chatbots may give good advice or may worsen a users' disorder by encouraging their worst impulses. AI apps tell users not to use them for therapy, and the law, too, should discourage this. 3/

This lazy take on "AI interaction privilege" in today's
@nytimes.com is doubly wrong. First, it's wrong that Google searches and private AI chats are unprotected under the 4th Amendment. Second, it's wrong that we should protect AI queries based on a therapist-style privilege. 1/

My car made me feel old today

I'm late to the news that a cert petition has been filed in the US v. Chatrie geofence case. Thanks to Adam Unikowsky and the EDVA public defenders' office for the shout-outs. Fingers crossed for a grant.
www.supremecourt.gov/DocketPDF/25...

I recently came across this Ohio Court of Appeals case that adopts the Carpenter Test overtly - the first court to do so! (Hundreds of courts have used these factors informally.) Thank you to Judges Mental, Boggs, and Edelstein for their kind references to my work.

I hit 10,000 SSRN downloads today! Grateful to all my readers.
papers.ssrn.com/sol3/cf_dev/...

Our new paper, Decentering Property in Fourth Amendment Law is now out in the U. Chicago Law Review! It argues that property concepts should be used very carefully, and very little, in modern Fourth Amendment law.
lawreview.uchicago.edu/sites/defaul...

Thanks also to Judge Berner for catching that the claims that Google location history is off by default and that "two-thirds" of Google users decline location history are misleading or false. I've been pounding the table about this, e.g. here: www.dorfonlaw.org/2024/07/the-...

My new paper with Mike Gentithes on the Good Faith Exception is now out in the Georgetown Law Journal! It features the first large-scale empirical study of the exception and how courts use it.

www.law.georgetown.edu/georgetown-l...

Thank you to Judge Jordan of the 11th Circuit for the citation.
The idea that the government can point secret surveillance cameras at your home forever without a warrant is unsustainable under Carpenter.
And it's inimical to 4th Amendment values.

The only Protege I need was made by Mazda

Our article, "Systemic Regulation of Artificial Intelligence" has now been published in the Arizona State Law Journal. It looks at AI's society-wide risks-- present and future--and law's role in addressing them.
arizonastatelawjournal.org/2024/08/22/s...

I podcasted again - this time with the Privacy Abbreviated podcast to discuss my new paper on government purchases of private data. I had a great time!
www.accountabilitystudio.org/2023/09/27/t...